Us Supreme Court Court October 2002 Judgments
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United States Vs. Bean
Court: US Supreme Court
Decided on: Oct-16-2002
United States v. Bean - 537 U.S. 71 (2002) OCTOBER TERM, 2002 Syllabus UNITED STATES ET AL. v. BEAN CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-704. Argued October 16, 2002-Decided December 10,2002 Because of respondent's felony conviction, he was prohibited by 18 U. S. C. § 922(g)(1) from possessing, distributing, or receiving firearms or ammunition. Relying on § 925(c), he applied to the Bureau of Alcohol, Tobacco, and Firearms (ATF) for relief from his firearms disabilities. ATF returned the application unprocessed, explaining that its annual appropriations law forbade it from expending any funds to investigate or act upon such applications. Invoking § 925(c)'s judicial review provision, he filed suit, asking the District Court to conduct its own inquiry into his fitness to possess a gun and to issue a judicial order granting relief. The court granted the requested relief, and the Fifth Circuit affirmed. Held: The absence o...
Howsam Vs. Dean Witter Reynolds, Inc.
Court: US Supreme Court
Decided on: Oct-09-2002
Howsam v. Dean Witter Reynolds, Inc. - 537 U.S. 79 (2002) OCTOBER TERM, 2002 Syllabus HOWSAM, INDIVIDUALLY AND AS TRUSTEE FOR THE E. RICHARD HOWSAM, JR., IRREVOCABLE LIFE INSURANCE TRUST DATED MAY 14, 1982 v. DEAN WITTER REYNOLDS, INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT No. 01-800. Argued October 9, 2002-Decided December 10,2002 Per respondent Dean Witter Reynolds, Inc.'s standard client agreement, petitioner Howsam chose to arbitrate her dispute with the company before the National Association of Securities Dealers (NASD). NASD's Code of Arbitration Procedure 10304 states that no dispute "shall be eligible for submission ... where six (6) years have elapsed from the occurrence or event giving rise to the ... dispute." Dean Witter filed this suit, asking the Federal District Court to declare the dispute ineligible for arbitration because it was more than six years old and seeking an injunction to prohibit Howsam from proceeding in arbitrat...
Eldred Vs. Ashcroft
Court: US Supreme Court
Decided on: Oct-09-2002
Eldred v. Ashcroft - 537 U.S. 186 (2002) OCTOBER TERM, 2002 Syllabus ELDRED ET AL. v. ASHCROFT, ATTORNEY GENERAL CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 01-618. Argued October 9, 2002-Decided January 15,2003 The Copyright and Patent Clause, U. S. Const., Art. I, 8, cl. 8, provides as to copyrights: "Congress shall have Power ... [t]o promote the Progress of Science ... by securing [to Authors] for limited Times ... the exclusive Right to their ... Writings." In the 1998 Copyright Term Extension Act (CTEA), Congress enlarged the duration of copyrights by 20 years: Under the 1976 Copyright Act (1976 Act), copyright protection generally lasted from a work's creation until 50 years after the author's death; under the CTEA, most copyrights now run from creation until 70 years after the author's death, 17 U. S. C. 302(a). As in the case of prior copyright extensions, principally in 1831, 1909, and 1976, Congress provided for applic...
Barnhart Vs. Peabody Coal Co.
Court: US Supreme Court
Decided on: Oct-08-2002
Barnhart v. Peabody Coal Co. - 537 U.S. 149 (2002) OCTOBER TERM, 2002 Syllabus BARNHART, COMMISSIONER OF SOCIAL SECURITY v. PEABODY COAL CO. ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 01-705. Argued October 8, 2002-Decided January 15,2003* Under the Coal Industry Retiree Health Benefit Act of 1992 (Coal Act or Act), the Commissioner of Social Security "shall, before October 1, 1993," assign each coal industry retiree eligible for benefits under the Act to an extant operating company-a "signatory operator" --or a related entity, which shall then be responsible for funding the beneficiary's benefits, 26 U. S. C. 9706(a). Assignment to a signatory operator binds the operator to pay an annual premium to the United Mine Workers of America Combined Benefit Fund (Combined Fund), which administers the benefits. The premium has up to three components, a health benefit premium, a death benefit premium, and a premium for retirees who are not assign...
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